Western Australian Current Acts

PUBLIC HEALTH ACT 2016 - SECT 161

161 .         Authorised officer may be given assistance, and may use force

        (1)         An authorised officer exercising a serious public health incident power may be assisted by a police officer or other person.

        (2)         An authorised officer exercising a serious public health incident power conferred by section 157(1)(a), (b), (d) or (f), and any police officer or other person who is assisting an authorised officer to exercise that power, may use whatever force is reasonably necessary to exercise the power.

        (3)         If a person does not comply with a requirement of, or a direction given by, an authorised officer exercising a serious public health incident power, an authorised officer and any police officer or other person who is assisting an authorised officer to exercise that power may do all things that are reasonably necessary to enforce compliance with the requirement or direction, using any force that is reasonable in the circumstances.

        (4)         Without limiting subsection (3), the force that an authorised officer or police officer or person assisting may use includes any force that it is reasonably necessary to use in the circumstances to overcome any resistance to the enforcement of compliance with the requirement or direction (including enabling a medical examination or medical treatment to be carried out or a vaccination to be given) that is offered by the person to whom the requirement or direction applies, or that the authorised officer or police officer or person assisting reasonably suspects will be offered by that person.